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run niKROKCE case.
( Conduit cd from our lust.)
■ . i of the Supreme Court, delivered I'lj Mr.
i hUf Justice Marshall, Juu. Term, IfMJ.
"ami.. A. Worcester, i
rs - (
The State or Georgia. j
This is the true meaning of the stipulation; ami
is undoubtedly ‘l"* senee in wbicli it was made.
N'uilier the British government nor thu Chero
u.vui unrlerslood it otherwise.
The same stipulation altered into with the
UniteJ Htales, is undoubtedly to bo construed in
(he same manner. They receive the Choiokee
nation into their favor and protection. The Che
rokee* acknowledge themselves to he under the
protection of the Urtited States, and of no othoi
power. Protection does not imply the destruc
tion of the protected. The manner in which this
stipulation was undoi stood by the American gov
ernment, is explained by the language and acts
of our first President
The fourth article draws the boundary be
tween the Indians and the citizens of the linked
•States. Hut, in describing this boundary, the
term “ allotted,” and tiie term “ bunting
ground” are used.
Is it reasonable to suppose, that the Indians
who could not write, and most probably could
not read, who cuitainly were not critical judges
■of our language, should distinguish the word
11 allotted'' front the words “ marked out.”
The actual subject of contract was the dividing
line between the two nations, and their atten
tion may very well he supposed to have been
confined to that subject. When, in fact, they
We e ceding lands to the United Slates, and de
scribing the extent of their cession, it may very
well be supposed that they might net understand
the term employed, as indicating that instead of
granting they were receiving Linds. If the term
would admit of no other signification, which is
not conceded, its being understood is so upp.i
rent, results so necersmily fom ibe whole
transaction, that it must, we think, he taken in
tlm same sen si in which it was must obviously
used.
So with respect to the wo ds ‘* hunting i
grounds.” Hunting as at that time the princi
pal occupation of the Indians, and lliei. land was
more used tor that ptirj ose dim for any other.
It could not, however, ho supposed, that any in
tention existed of t ustucliiig the full u.-o of the
lands they resin vod.
To the United Slates, it could he a matter of
no concern, nhnthni tin ir whole temloiy was
devoted to Hunting grounds, or wlmlliui an oeea
siotial village, an occasional corn field, internipt
ed, and gave some vmiety to the Beene.
These terms had been used m their treaties
with Great Britain, and had never been iiiimiii
(lerslood. They had never boon supposed to
imply aright in thu Biilish government to lake
their lands, or to interfere with their internal go
vernmont.
The filth article withdraws the protection of
die United Stales from any citizen who basset
tied or shall settle on the lands allotted to the In
dians, for their hunting grounds, and sli: whites
that if he shall not remove within six months, the
Indians may punish him.
The (Mi ami 7th articles stipulate for tlio pun
ishment of the citizens of either country, who
may commit utlimces on or against the citizens
of the other. Thu only infetetice to ho drawn
lioni thorn is, that the United Slates considuied
the Chinokees as a nation.
The Dili article is in those words—“ For the
benefit mid comfort of the Indians, and for the
prevention of injuries and oppressions on the
tout of the citizens or Indians, the United States,
in Congress assembled, shall have the sole ami
exclusive right of regulating the tiado with the
Indians, and managing all their aliairs, as they
think proper.”
To construe tho expinssion “managing all
tlioir affairs,” into a su render of aelf-govern
tnont, wonlil bo, wo think, a perversion of their
imcossary moaning, and a departure lioni the
Construction, which lias been iiiiifo,mly t mi
lllitnt. iirnni itiiytCl ill’ 111 €* itl'l it lu IN (i I«? ||J
rlmn trade. 'J’lie inlluonco it g ive, made it do
sirablo that Congress should possess it. The
Commissioners hi ought to, ward the claim, with
the |irofes*ion that liicir motive was 11 the hunc
lit and cointort of tim Lallans, am) die proven
lion oi injuries and opinessions.” This may he
true, us respects the regulation of their tiade,
hut cannot he tutu ns respects the management
of all their ati - ,lira. The must important of these
is tho cession of their lands, and security against
Intruders on them. Is it ci edible that" they
could have considered themselves us sun endur
ing io the United Stales the light to dictate their
future cessions, and tho terms on which they
*hmihl ho made; or to compel their submission
to tho violence of disorderly and licentious in
truders? It is o,pi,ally inconceivable that thev
could have supposed themselves, by a ; lease
thus slipped into an article, on aim’her and most
(Mereslmg subject, to have divested themselves
of the right of self government on subjects not
connected with trade. Such a measure could
not bo “ so. then benefit and edmfort,” or for
‘Mho prevention ol injuries and op session.”
I‘hich a construction would he inconsistent with
the spirit ol this ami of all subsequent treaties ;
especially of those articles which recognize the
light of the Chcrokees to declare hostilities, and
to make war. It would convert a lioaty of
peace covertly into an act, annihilating the poli
tical existence of one of the parties. Had such
a result been intended, il would have been open
ly avowed.
This treaty contains a few terms capable of
being n ed in a sense which could nut h a e been
intended at the time, and which h consistent
with the . radical construction which bus always
been put upon thorn; hut ils essential artii les
treat the Chorokees us a nation cap dilu of mam- '
taming the relations of peace and war; and as
certain the boundaries between them and the
United Slates.
Tho treaty of Hopewell seems not to have es- I
tablislied a solid peace. To accommodate tiej
dilToionccs still existing between the Stale of
Georgia and tho Cherokee nation, the treaty of ! ,
Holstein was negotiated, in July, 17pl. Tim '
existing Constitution of the United Slates had 1
been then adopted, and the government, havin ' s
more intrinsic capacity to etHo ce ns just claims’ j!
was |oi ha ; s less mindful of high sounding ex i 1
P'cssions denoting superiority. Wo hear no jl'
fno o of giving peace to tho Chorokees. The i
mutual d< she of establishing permanent peace i!'
and friendship, and of letnoving ail causes of( l J
war, ts honestly avowed, and, in pursuance of I
this desire, the first article declares, that iheio a '
shall be perpetual peace and friendship between e
nil Ihe cinzene of the United Stales of America «
and ali tiio individuals composing the Cherokee k
nation. 01
I he second article repeals the important uc
kn uvlodgoment, tliat the Clie.okee nation is T
un.b r the protection of tho United Slates of r |
America, and no other sovereign whatsoever. |
/ho meaning of this has been already explain- fu
. Ihe Indian nations wore, from their situa
tions, necessoily dependent on some foreign I 1
potentate for iho supply of their essential wants, j ■>
and (or then ; rotection from lawless and injuri- | o,
ous intiusious into their country. That power 1 !.
was natu; ally termed their protector. They j
had been an ;ed under the protection of Great | .
Brilain, hut tho extinguishment of the 1> dish >,
power in then neighborhood, and the establish- j . "
luent of that of ihe United Stales m its place, j °
led naturally to U.e declaration on the part of the I *j C
Chc.okeea, that 'hey weie under the protection *'!
of the United Slates, and of no other Tower, ; "
They assumed the relation with the United States j *T
which had before subsisted with tiroat U Haiti. 11
T s relation was that of a nation claiming and "*
rcce > uig tho protection of one more powerful; 101
r ; , ilnu of individuals abandoning their national
cbai cte.-, aud submitting as subjects to the laws l°
all'a muster.
kThc bird aiticle com dns a perfectly equal sli- l,u
Afcxbon for the sui render of prisoners. "
SMMisaMßWMtsaina’-rxrjwv'i-aaa *j*itt-*e*x»~eacxsMeni
The fourth article declares, that “the bcunda
ry between the United Stales and the Cbeiokei
nation shall he as follows: Beginning,” &c.—
'• We hear no-more of “aliotmenls” or of “bun
ting grounds,” A boundary is described, he
tween nation and nation, by mutual consent.—
The national charactei of each, the ability o
each, to establish this boundary is acknowledg
ed by the ether. To preclude Ic' -vcr all dig
,] pules, disagreed that it shall bo plainly marked
by commissioners, to be appointed by each party;
[ and, in ordoi to extinguish forever all claim ol
the Cheiokeo to the ceded lands, an additional
5 considfl-olten is to be paid by the United ytates.
j Fortius Jdilional consideration the Che.okees
release ail right to the ceded land, forever.
: Hy tin fill It article, the Cherokecs allow the
, United States, u road through their rounti v, and
the navigation of the Tennessee river. The ac
ceptances of those cessions is an acknowledge
, nrent of tire right of the Cberokces to make or
withhold them.
By the sixth article it is agreed, on the part of
the Chcrokeua, that the United Stales shall have
the sole and exclusive right of regulating their
trade. No claim is made to the “management
of all their affairs.” The stipulation has alieady
been explained. The observation may he re
peated, that the sti| elation is itself an admis
sion of their right to make or refuse it.
By (he seventh article, the United Stales
solemnly guaranty to the Cherokee nation all
their lands not hereby ceded.
The eighth article teliin|uishcs to the Chorn
kees any citizens of the United States who may
settle on their lands, and the ninth forbids any
citizen of the United States to hunt on their lands,
or to enter lli i country without a passport.
The remaining aitides are u>|nal, and contain
stipulations which would he made only with a
nation admitted to he capable of governing itself.
This treaty, thus explicitly recognizing the
national character of the Clioiokces, and their
right ofsclfgoveinnient; lints guaranteeing their
lands; assuming the duly of protection, and of
course pledging the faith of the United Stales
for that protection ; has been freipicntly teiiew
cd, and is now in full force.
To the general pledge of protect ion have been
allied several specific pledges, deemed valua
ble hy the Indians. Some of these restrain the
citizens of the United Stales from encroachments
on the Cherokee count y and provide fur the
unishment of hit odors.
F mn the commencement of our Government,
Congress passed acts to regulate, the trade and
intercourse tvdh the Indians, which treat them
as nations, respect their tights, and manifest u
tii in purpose to alio d that protection which trea
ties nl i while. All these acts, and especially
that of iHthJ, which is still in force, manifestly
consider the several Indian nations ajtdißliuct
political communities, having territorial uonnda
ties, within which their authority is exclusive,
and having a right to ill the lands within those
boundaries, winch is not only acknowledged,
but guaranteed hy the United •Status.
In 1 silt, Congress passed un not for promoting
those humane designs of civilizing thu neighbor
ing Indians which had long been cherished hy
the Executive. It enacts, “that, for the purpose
of providing against the further decline uml final
extinction ol‘ lire Indian tribes adjoining to the
f ontier settlements of the United Slates, and
for introducing among them, the habits and arts
of ei\ ilizalion, the P. esideol of the United Stales
shall he, and ho is hereby authoiizud, in every
ease whom he shall judge improvement in tlm
habits mid condition of such Indians practicable,
and tbit the means of instruction can be introduc
ed, with their oieii consent, to employ capable
persons of good moral diameter, to instinct
them in the mode of agriculture suited to their
situation: and fur leaching their children in rea
ding, writing, and ar Mimetic; ami for performing
such other duties as maybe enjoined, according
to such insti notions and rules as the President
II may give and prescribe for tiro regulation ol
1 their conduct in Iho discharge of their duties.”
■ This act avowedly contemplates the p esorva
lion of the Indian nations us an object sought by
the United Stales, mid ptoposos to ctfoct this ob
” )«ci v»y i ivtl/.m- amt cnnverling them lioin him
-1 Kui into agriculturists, 'Though the Chorokees
had already made consido; able progress in ibis
irn uovuineut, it cannot be doubted that tho gen
eral wonts id’ the net comprehend them. Their
advance in the “habits ami ibis of civilization,”
1 rather encouraged perseverance m the laudable
u exertions si il I farther to meliorate thei; condition.
|J This not furnishes strong additional evidence ol
a settled i ui'j ose lu fix the Indians m their coun
“y by giving them seen in at homo.
Tho treaties and laws of the United Stales
' contemplate the Indian territory as completely
separate from that of lire States; and provide
that nil intercourse with them shall he curried
' on exclusively by (he (iovornment of the Union,
Is this tho rightful exercise of power, or is it
usnri alien!
► While ’h ei e States were colonics, tins power,
t in its utmost extent, was admitted to reside in
s the cown. U hen our Revolutionary stmgglc
emnmeneed, Congress was coni,arsed of an as
j scrnblage of deputies acting under specific ] ow
r ms gi,anted by iho Legislature* or conventions
, of Ihe several colonies. It was a grout popular
t movement, not perfectly organized nor were tho
res, ontivo rowers of those who weie entrusted
J with the management of ulfaiis accurately do
j fined. The necessities of mo situation produe
. ed a general convielion that those measures
whirli concerned all, must ho transacted by a
: body m which the representatives of all were
assembled, and which could command Iho con
fidence of all; Congress, therefore was conoid*
, ered as invested with all the powers of war and
peace, and ( engross dissolved oil 1 connexion
with the mmliei country, and declared those
I oiled Culonics to he independent Slates.
Without any written definition of powers, they
omi loyed diplomatic agents to represent the
United States at tho several Courts of T.mope;
tillered to negoeiato trriuties wTh them, and did
actually, negoeiale lioalios with France. Fioni
iho same necessity, and on the same principles.
Congress assumed lire management of Indian
I all.tiis. li si in the name of these United Colonies,
j and afterwards in the name of the United States,
l.rrly atlomnta were made at negociation, and
to legnlate trade with them. These not proving
suoeessfnl, war was carried under tho direction
and with the forces of the United Slates, and
I the efforts to make peace by treaty were ear
nest and incessent. The Confederation found
Congress in the exorcise of tbe same powers of
j peace and war, iu our relations with L dun na
j lions, as with those of F.uropo. Such was the
j State of things when tho Confederation was
adopted. That instrument surrendered the pow
ers of peace and war to Congress, and prohibit
ed them to tho States, respectively, unless u
Slate he actually invaded, “or shall have receiv
ed certain advice of a resolution being formed
by some nation ol Indians to invade such Slate,
and the danger is so imminent ns not to adroit of
delay till the I nited Stales in Congress assem
bled can be consulted.” This inst:uinont also |
gave the United States in Congress assembled i
tho sole and exclusive right of “regulating the
trade and managing all the nflahs with the ,
Indians, not members of any of the Slates— ;
Provided, That the Legislative power of any j
State within its own limits be not infringed or ,
violated.” |
Tho ambiguous phrases which follow the grant .
of power lo the United States, was so construed |
by the Slates of Ninth Carolina and Georgia as ,
to annul llie power itself. Tho discontents and ,
confusion resulting fioni these conflicting claims, |
produced representations lo Cnngiess, w hich ,
were referred to a committee, who made their |
report in J7S7. Tho report does not assent to
iho construction of the two Slates, but recoin- ,
mends au accommodation, by liberal sessions of r
ten ito y, o; by an admission on their part of the ;
powers claimed by Congress. The correct cx- j
position of this arTicle is rendered unnecessary ,
by the adoption of our existing constitution. That [
instillment confers on Congress the powers of {
war and peace; of making treaties, and of re- >
gulaimg commerce with foreign nations, aud t
. I trilh the Indian
among tho several States, J ' . a |) that is
' e *«**»• These power,
- required for 11.0 regulating - dby any
n- with the Indians. They r jot '"J e Jtkles
c- restrictions on their fi ee at;" 8 - r nl j €ra iion,
- imposed on this power, it Jt
us are discarded. , _
5- ( The Indian nations had aUf 8 V**? 1 TllllllM ,i.
s- i cd as distinct, independent ihlicai
d i tics, retaining their original 1 ’
f: undisputed possessors of the *•, * ” n *. , ,
jf I memorial, with the single el ? t|f ’ n .
»l posed by irresistible pow. winch
)• them from intercourse with p other l.u k
!» potentate than the first discoii it of the coa'
the particular region cl.iinns and this '
e rostiiclion which these Kuro|»u poteutj ca
d posed on themselves, as welll oii the * n ' la •
Tlie very term “nation,” so gfc'.rally “
i- them, means, ‘‘a People distill from olliois.
T The constitution, by declaiinireaties a icat y
made, as well as those to he lade, to bo me
f supreme law of the land, lias tided ana sanc
e tioned the previous treaties -
i lions, and, consequently, adls their rank
t among those Pow ers who are cable ol making
y treaties. The words “treatyiaid “nation
- are words of our own language,tected in our
• diplomatic and legislative proceqpgs, by our
selves, having each a definite antwell under
s stood meaning. Wo have applieidteni tolndi-
I ans as we have applied them to lllsther nations
oftlieeuith. They are applied lutein the same
■ sense J
' Georgia herself has furnished Inclusive ovi
’ dunce that her former opinions at his subject
concurred with lho-e entertain elht her sister
States, and by tlio government o the United
i States. Various acts of her I.egialore have
been cited m the argument, inching the con
tract of cession made in the year 16f, all tend
ing to prove her acquiescence in til universal
conviction that the Indian nations assessed a
full right to tlio lands they occupicJunlil that
right should bo extinguished by Ik United
States, with their consent; that thetierrilory
was separated from hat of any St.i within
whose chartered limit) they might resie, by a
boundary lino, establisled by treaties, tht, with
in their boundary, tiny possessed rigls with
which no State could interfere; and tut the
whole power, regnlatng the inlerconr* with
them, wtts vested in tic United States. A re
view of those acts on tie part of Georgia, vould
occupy too much lime,and is the less nccesary,
because they have been accuratcly*dctai;d in
the argument at the bir. Her new sorts of
laws, manifesting he,' abandonment of liese
opinions, appears to havi commenced in Uoiun
her, 1828.
In opposition to this niginal tight possotaod
by (he undisputed occipatps of every cotmry,
to this recognition of that tight, which is eviden
ced by our history, in ovaiy change through
which we have passed, is |ll iced the chariots
granted by the monarciiof ailtslanl and dislmci
region, parcelling out a territbry in possession o(
others, whom ho could rot remove, and did not
attempt to i amove, and tlio cession made of his
claims by the treaty of pi ace.
The actual state of litiigs at this time, and all
history s nee, explain liese charters; and the
King of Great Hi it,tin, it the treaty of pea-e,
could cede only what belonged to his cruwu
Those newly asserted illes cun duiive no aid
float the at lidos so ofen repealed in Indian
treaties, extending to item, first, the protection
ofGi cat Lt. ita ii, and afterwards, that of the Uni
ted States. These artiilcs are associated with
others, recognizing ihehtitle to self-government.
This very fact of reported treaties with them
recognizes it; and the settled doctrine of the
law of nations is, that tweaker power does not
surrender its iiulepemlmce—its tight to self-go
vo nmoilt—by associates with a stronger and
taking its piotcction. \ weak state, hi odor to
provide fonts safety, ttay place itself under the
protection of one moitpowerful, without strip
ping itself of the right if government, and ceas
ing to ho a State, humpies of this kind tire
)y not wanting in Euro;»fl* “ Tributary und icuda
l»- toiy Stute*, (way* Vattel,) do not C.U VttVJ I
n- to 1)1! sovereign and >v dependent Slates, so long
( ' s as self-government, ahd sovereign and Uidepen
iis (lout authority la led to the administration of the
n- .State.” At tlio prea-nl day, more than one
nr Stale may be considuied as folding its right of
self government under the guarantee and pru
le tootion of one or more allies,
a. The Cherokee nation, tlmi is a distinct com
ul inumty, occupying its own tentoiy, with houn
*■ darros accurately Jesciibed, h which the laws of
Georgia can have no force, aid which the citi
•s zens of Georgia have no right to enter, hut with
I) tho aKHent of 11io Clitnokees themselves, or in
lo conformity with treaties, and with the acts of
d Congress. The w hole intercourse between the
'• United States and this nation b, by our constitu
it lion and laws, vested in the government of the
United Slates,
r, The act of the State of Georgia, under which
u the plaintilf in error was prostcuted, is conse
-0 (|uenlly void, and the judgmen a nullity. Can
i- this court revise and reverse it.
If the objection to the systnn of legislation
s lately adopted by the Legislature of Georgia, in
r relation to the Cherokee nation, was contined to
a its extra-territorial operation, the objection,
1 though complete, so far as it -espeeted mere
■ right, would give this court no power over the
• subject. Itul it goes much thither. If the re
i view which has been taken be correct, and we
i think it is, the acts of Georgia are repugnant to
> the constitution, laws, and tieaties of tho United
Slates.
They interfere forcibly with the relation es
-1 tablisbed in the United Status and the Cherokee
i nation, the regulation of which, according to the
settled principles of our constitution, are com
milted exclusively to the government of the
Union.
They are in direct hostility with treaties, re
peated in a succession of years, which mark out
the boundary that separates the Cherokee coun
try from Georgia, guaranty lo them all the land
within their hounduiy; solemnly pledge the faith
of the United Stales to restrain their citizens
from trespassing on it; and recognize the pre
existing power of the nation to govern itself.
They are in eijual hostility with tho acts of
Congress for regulating this intercourse and giv
ing effect to tho treaties.
The forcible seizure and abduction of the
plaintiff in error, who was residing r in the nation,
with us permission, and by authority of the Pre
sident of the United Slates, is also a violation of
the acts which authorize the Chief Magistrate to
exercise this authority.
Will these powerful considerations avail the
the plaintiff in error 7 We think they will, tie
was seized and forcibly carried away while un
der the guardianship of treaties guarantying ihe
country in which lie resided, and taking it under
the protection of the United Stales, was
seized while pel forming, under the sanction of
the Chief Magistrate of the Union, those duties
which the humane policy adopted by Cotmcss
had recommended. lie was apprehended
tried, and condemned, under colour of a law
width has been shown to be repugnant to the
constitution, laws, and treaties, of the United
Slates. Had a judgment, liable lo the same ob
jection, been rendcied for properly, none would
question the jui isdiction ol the couit. It cannot
he less clour when the judgment affects person
al liberty, and inflicts disgiaceful punishment, if
punishment could disgrace when inflicted on in
nocence. The plaintiff in error is not less inter
ested in the operation of this unconstitutional
law than it aflccted his properly. He is not less
entitled to the protection of the constitution,
laws, and treaties, of his country.
It is the opinion of this court, that the jud«- '
ment of the Superior Court for the County of
Gwinnett, in ihe Slate of Georgia, condemning
Samuel A. Worcester to hard labor, in the pent” '
temiary of the State of Georgia, for four years I
was pronounced by’ that Court under color of a '
law which is void, as being repugnant to the i
constitution, treaties, and laws of the United
States, and ought, therefore, lobe reversed and
annulled. i
******* €%mnuu*
At’WIWAS _
laTI’HDAV. MARCH 31, 1833.
“ He just, and fear not.”
TO CORRESPONDENTS.
A private interview is requested with our correspon
dent .. Cablos,” prior to the publication ofhis communi
calkm. “ A view ofihe principal frets anil documents in
relation to the Indian or Spasmodic Cholera, as fir as
they have been published," by " A. J.”— and “Mason,”
oi„1 n,e article on “ Temperance," are received, and shall
he inserted as early ns practicable.
NEW PUBLICATIONS,
We have been politely fivored by the publishers,
through the hands of Messrs. Richards Sc. Ga-naiii., with
copies ofllie allowing new publications, which (not havo
ing yet had time to peruse them,) we simply announce t)
our readers fir the present, aird may perhaps refer to
them again, when prcpared;to speak of their respective
inerili—barely remarking, now, that the tale of F.ugtne
Aram, hy Mr. Bclweh, is represented by the reviewers
generally, as containing scenes of the most deep and
thrilling interest, and hy most of them, as decidedly supe
rior to any armor work of its distinguished author.— The
two lirsl mentioned works have lain upon our aide for
some time, having been placed there during our absence
from the city.
Ecgene Aram; a talc; hy the author of “ Pelham,”
Ac. in two volumes. Published hy J. A J- Harper,
New York, ami firming No’s. XIX. and XX. of their
“Library of Select Novels."
Palestine, or Hit Holy Land, from the earliest period
to die present lime j hy Rev. Michael Russell, L. L, I),
author of “ View of Ancient and Modern Egypt-,” in one
vol. with a map and I) engravings. Published by J. AJ.
Harper, N. Y. and forming No. XXVII oflheir “Family
Library.”
A Catechism of Facts, or plain and simple rules re
specting the nature, treatment, and prevention of Chole
ra-, hy A. li. Granville, M. 1)., F. R. S., &e. &c. Pub
lished byE. L. Carey, and A. Hart, Philadelphia.
Reflections on every day in Hie week,with orcaaional
thoughts, &c. Ac.; hy Catharine Talbot. Published
by E. 1.. Carey and A. Hurl, Philadelphia.
These publications are nil fa - sale, wc believe, hy
Messrs. Richards A Ganahl, Booksellers, of lids city.
THE “INFORMANT.”
Gen. Thomas Glascock, the " informant” ofthe Cott
i ier, heretofore alluded to, having presented in thin paper
1 of yesterday, under his own signature, a garbled and per-
verted statement of the conversation which took place iii
1 ourufllcc on Saturday last, we have only In re-ussett,
that our statement of Wednesday is wholly correct, and
to present the following, in continuation of it;
I was present at the interview and conversation whirli
i look place between my brother and Gen. Glascock,
* on Saturday morning Inst ; and I unhesitatingly declare,
, that the statement made by my brother, which was sub
edited to and approved by me, before its publication, is
* substantially corn el throughout.
. VVM. F. PEMBERTON.
( Augusta, March 30th, 1f32.
I His statement of tho nature of Ids (firmer enmity tome,
s is equally garbled and perverted ns tiie other. His fede
rated remark, that I know fad well lie will never at
-1 tempt to tarnish my reputation, and the base insinuaiion
i with which it is coupled, that if my prelection “ could but
i he extended to another, whose cries for protection have
1 been often heard, I might not have cause to find fault with
* my friends, when writing of me, for italicising the word
’ few,” again show s ids Judas-ltkc disposition to kiss and
1 Stan, nr smile and slander, at Hie same moment. And, ns
to his " defiance In cacti and every one, who may still lie.
dictated at wind lie hag said or done"—who is there that
does not know the niter worthlessness oflhat ’
i
| UNITED STATES RANK.
The following article, from the gentleman who has
I lien tnfiire been noticed in the Chronicle, in connection
, with tin - railed teiotos Bank, and appeared in reply, win
received during onr late absence, ami,tinder the pressure
of other mutter, has been laid aside till the present, time.
In reply to ilic first paragraph, we, shall merely ob
serve, that wt - have not a file ofihe Chronicle so tin* hack
as Isfn— not having received one so old from the termer
iv.opvu,...ei. we iMscnum me pilmoiser, nor Peru able
since to obtain one—^which w ill sufficiently account fin- our
not referring to it far a-developemenl of Mr. Forsvypa
vote in 1H Hi.
It w ill he recollected, Hint Ibis mailer originated in a dec
laration of ours, Had we believed Hie Bunk hurl its secret
agents all over tlie country, and that our correspondent
was one oflliem—giving, at Hie same lime, the reasons
which caused the belief Weslnted, among oilier things,
Had we had understood him, in a conversation which took
place between us, some time since, to express Hie opin
ions ofllie President ofihe Bank, and to say that lie had
been appointed a Cashier of one of the Branch Banks.
, These two particulars only, he denied; and, after shew
ing, front his own statement—as we may now do again
■rnm Hie present one—that he gave Hie opinions ofthe
President in relation tothe eligibility of Argnsla and Co
lumbus, as locations for future Brandies of Hie Bank, at
least (ibr, in telling ns what lie gave as Ids own opinions
on Hie subject, mid that .Mr. Riddle’s accorded with them,
he of course conveys to ns Hie opinions of Mr. It. himself;)
—we then called upon him, ns he says, to state what lie
did say in relation to the appointment of himself as a
Cashier ofone ofthe. Brandies. And, now, even admit
ting his statement to lie correct, does it not show that the
Bank has strong means of controlling his opinions, and
securing Ids influence and services in bchalfof Ihe renew
al of Hie dinner, by operating upon public opinion, Ac.
—as strong, at least, ns the actual appointment could have
been ! Have we not already shewn the deep interest mid
assiduous industry he has manifested, in ascertaining
public opinion, and operating upon it, and corresponding
with Mr. Biddle on the subject I And is it not reason
able to believe, that Hie assurances contained in “ si r ,
Biddle’s answer” to his application fiir the office of Cash
ier, that “ he stood at least an equal chance of success
with any other applicant,” and the knowledge that no new
Brunch will be created (ill idler the renewal ofthe char
ter,tiave hud a powerful influence in exciting that interest,
and that industry ? In addition to the exertion ofhis influ
ence upon us, and upon others, tit Milledgeville and else
where, as already shewn, besides what he may have
done, that lias not yet met the public eye, does lie not, in
ids letter now published, openly urge the people of Co
lumbus to sacrifice their honest opinions in opposition to
the Bank, ton sense of self-interest, and to exert their suf
frages in behalf of the renewal of the charier, under the
hope ol lieing compensated by the establishment of a
Brunch there? Do not these services prove him to he
virtually an agent ofthe Bank, and, except so far as we
have exp. sed them, a “secret agent?" Have they tint
been rendered under the hope of receiving the Cashicrsltip
applied for—and in some degree purchased, hy Hie assu
rances given him by Mr. Biddle ? And, after what lie
has admitted to have taken place between himself and
Mr. B. is it not reasonable to believe, that much more has
transpired between them, which lie is neither “shallow
enough, nor vain enough, to sutler himself to proclaim ?"
Much more might properly be said on this subject but
want of room will not admit of it at the present time -’and
we believe that nothing more is needed to sustain the’rea
sonableness of our belief, as expressed in the first in
stance, that “ the Bank has its secret agents all over the
country,” and that Hie gentleman in question is ■■ one of '
them.”
Pensacola, Felt. 12th, 1832.
To A. 11, Pemberton, Esq,
Beak Sir— What ! you, tlie depository, tlie 1
proprietor, the holder of tho Augusta Chronicle, i
which has been the register of events before 1 I
entered my apprenticeship there, and before you I
were born, and yet say as you do, on the Ist in- 1
slant, "We have no means of casting back to :
the time of chartering the Bank of the United '
Stales in Idlfi, to discover whether Mr. Forsyth 1
voted fur or against the measure.” t
However, litis gentleman lias himself, in de- ;
hate lately in the Senate, solved uncertainty 1
hereupon, and fixed tlie agreeable fact, that lie ’
was a supporter of the proposition to charter this 1
Institution. ' (
litis ts indeed an agreeable fact, and accords <■
w ell with the very agreeable hope, that his riper
years, his maturer judgment, will load him now
to vote for its continuance, with or without the
intervention of the sin of being a money borrow
er therefrom.
So much for Mr. Forsyth, who, as being my
schoolfellow, I shall delight to read its publica
tion in your ancient gazette, the sight of which
will never cease to remind Gov. Forsyth and
myself, of the days of our eaily boyhood.
You call upon mo to specify what I did say to
you respecting myself, of an appointment, in
fact, or in expectancy, from the Bank of the
United Slates. By this call you do not embar
rass mo ; and I don’t think you expected to em
barrass me thereby. The after'mentioned state
ment will convey, as briefly as I can do it, to do
it perfectly, the substance of all that which I did
communicate to you hereupon :
That it was one of the errors in the acts of my
life, to leave the service of the Bank of the Unit
ed States.
That about a year past, when a Branch of the
Bank of the United States was petitioned for by
the Legislative Council of this Territory, I was
an applicant fur the office of Cashier; and, judg
ing by the terms of Mr. Biddle’s answer, I bad
the right to conclude 1 stood at least an equal
chance of success with any other applicant. No
Branch however has yet been accorded to that
petition.
That I was sent last summer, by the mer
chants and others, inhabitants of Pensacola, to
Philadelphia, to petition the Bank of the United
States for the establishment of a Bank hereat—
that this of com so brought mo directly before Mr.
Biddle, who not only condescendingly recogniz
ed a former personal acquaintance, but,pending
the result of the application under this mission,
treated me with his characteristic kindness, and
that I might have a perfect opportunity of pre
senting this petition most advantageously, ho
introduced mo before the committee on peti
tions, for new Branches, of which Mr. Sergeant
was a member. Ami that after two meetings
hereupon, 1 received the decision, which in sub
stance was, that it was inexpedient then to ex
tend a Branch to Pensacola. I told yon that this
application for a Brandi at Pensacola, was got
ten up, and hopes of its success mainly placed
u; on the facts—of the gove ninciit disburse
ments annually, being about a quarter of u million
of dollars there—and of the belief that a conside
rable sum in Spanish gold, was hoarded, indeed
literally buried in the place, which the estab
lishment of a Branch Bank of the United Slates
could alone influence tire holders to displace,
and let the light shine upon it, at least for a sea
son.
That Mr. Biddle conversed with mo respect
ing tiro petitions for Branches from Augusta and
Columbus, in your State, on account, as I sup
posed, of his knowledge of my long residence
therein. That I told him Savannah had become
a second rate place to Augusta, and Co'utnhia,
in South Carolina, (from whence it was under
stood ho was pressed for a Branch) a third rate
place to Augusta, That Columbus, on the Wes
lorn hnc ot Georgia, was probably destined to
advance in population, in trade and in wealth,
more rapidly than any other place, which had
boon established in our day at tiro South. That
■ ho knew these two plaeoa in <Joov e ;» ulul
ated upon the opposite confines thereof, East
and West, about 200 miles, the breadth of the
Slate, apart and very near mid-way between
the Seas and the Mountains, each at the head of
navigation ol its river—-one, the last huge Atlan
tic River—the other, tho first large Gulfof'Mcx
ieo River, the main sources of which interlock
and begird Georgia. That Branches of the
Bank of the United Stales located at tlruso two
points, would serve collaterally tho interests,
and the mercantile wants of the cii cunrjaceiil
parts respectively, of the l wo important adjoining
States. That, for instance, a Branch at Augus
ta, would in its operations, be in effect tanta
mount to giving a Branch to South Carolina, in
Hamburg, on the opposite bank of the River,
where 30,000 bags of cotton or more, were 1
brought for a mai ket annually. Whilst a Branch
at Columbus would be appropriately placed to
deal in, receive on deposit, »fcc. the abundant
supply of tho fine gold of Georgia, tire ngion of
which lies directly above, and whore so much of
the enterprise of tiro industrious man, and the
means of the capitalist were placed, and continu
ing to be placed, to bring in requisition more
perfectly tho product of this lucrative source of
gain to Georgia. That here, also, a Branch of
the Bank of the United Slates would share, in a
justifiable competition, the 1G per cent, die idem!
which the local Bank had, at its first semi-annual
settlement, declared—and be ready organized
to enter into a further, and still more extensive
competition, in all the money negotiations,
which (from the probable speedy acquirement
ol the entire Indian Tern ilory in Alabama,) is at
hand, and about to fall in tho lap of Columbus. ;
These and such like observations, I found, were 1
already well understood and known to Mr. Bid- 1
die. And surely, it ought to be matter of com- .
mendation to you,, of him—l believe it is so, in j
fact, “ That Mr. Biddle, the President, was well i
informed of the commanding situations of Au- i
gusta and Columbus, their advantageous loca- i
lions, as situated at the two opposite extremities, ]
and most important and powerful commercial t
positions in the State, and their necessary future 1
prosperity, and that he was well inclined to tho t
establishment of Branches in those places,” &c. i
Lastly, in recapitulation, under your call, of r
what I did say to you respecting myself, of of- 1
fico, or the expectation of office, from the Bank f
ol tho United States.
The Commissioners, or three of them, for es- c
tabl.sh.ng a Bank in Pensacola, wrote in June r
first, at my desire, a Circular to each of the five t
Banks m the service of which I had acted as a
Cashier requesting to he advised of ihe manner ~
m which I had discharged the duties respective- fi
ly. Ot these appointments, and forward their re-!,]
phes to Philadelphia, care of a ce,lam house i „
there. These replies arrived by course of mail, , c
and when I was about to leave Philadelphia in I „
October .hoy were handed over u. me, and 11"
placed them in Mr. Biddle’s hands, ashing him I
a favor to receive the same, accompanied by ,|
a short letter from me to him as President of the ,
Bank of the United States, the object of which “
jas to place myself a candidate, when an elec
t.on should come an, for Cashier to the first South- J
ern Bianch Bank, that that Institution might de- ~i
cide on establishing.
Ibis is the whole sum and substance of what
I told you about place,
curnng fiom and between the ha,*
ed Slates and myself. V OU r aivar/M
am sure, will gratify the
paper, and conjecture my name.
I conclude with this assertion, U mt . I
electors—and there are more.thaii
Georgia, whoso transactions in
directly to Columbus—in voting atV.wj
Election next October, if the ° all .'iH
standingly, regarding the measure,
best subserve the rapid advancement
bus, they will give a pretty united votejlß
candidates for scats in the next Conneifflß
known to favor the renewal of the* Cbi ■
the Bank of the United States. Bv il,j s T
to say that, in my humble opinion, nosin''
sure is so certain of becoming the ablest" !
ry to the speedy advancement of th,. b ss j 1
est of Columbus, as the placing there o f a i
of the Bank of the United Stales, and n
sure which has not been positively p. ( . till
more likely to take place, if the reclame |1
the Bank of the United States is not win !
I have communicated with you
early as the course of the mail would .
Would you believe it ? No partofthis cr., J a
and important Territory, receives moil 1
weekly mail. I would take your semi.,, J|l|:
paper of choice, could I receive it in the „ 3L",
course of its publication. ’ PS i
By some, I will be called Ephraim Sm.-. Ukl
by some, the wandeiing Jew—by
son of Aaron the high priest. I
COTTON MA.UKEIX I
By the arrival of the ship Charlemagne, JH
York, fiom Plymouth, to which po.-i
compelled to put hack, alter leaving
have advices from' London to tho ITtliFebml
The Cholera made ilr- appearance m[....■
on the 15th February. There had been
cases, and a number of deaths. Ilw.aflß
that the quarantine regulations would
rious effect on the commerce of that tin. vB
ney had become scarce, and orders w'li,
been forwarded to the niarnii’aclurin* U.kß
had been countermanded: A London (-..H
3Glh February, says: —“We believe tlu-B
state of trade, both in Liverpool, ia.dtWSß
the kingdom, has become much better diugfll
last month. The demand lor cotton.
weeks, has been very good, and u
advance has taken place in prices. ThtiU ■■
continues to be brisk and steady, and thec
arc getting unusually low.” |
Our advices from New-O.doans re;>rc.tcr.t:BH
Cotton imukct as languid, and juL-c-s decUiflj
Quotations !) a 12 cents. (
Tho Mobile Register of March 2dd, savs*B
“ The Cotton mu 1 ket this week, has been : H
flat, and prices, within tiro lav. three davs.bH
given way fully } cent on all desrri.-liiei?, H
further concession insisted on by the lure. I
consequently the business of the week In-;- m
comparatively light. Quotations 8a 11 ra
Freights to Liv orpool brisk, at Jd.
Our market has continued in the samei.' Hj
state, as noticed in our fo.liter repo t, ru.ir Bfl
ers not being willing to give the prices: L,:. B
holders; and holders, having tho utmostc.; *1
■i—.. a. >i.~ in o perfectly wiltingm: v t|
the receipt of later intelligence from T.u-o t. Ell
The main obstacle that presents itself m j
mind, to a very considerable advance in t -I
pi ice of Colton in Europe, is the Chide a. II ■ a
move that obstacle, and wc otilc -tain na. I ,a
that prices would advance to 7d aSJ lor I .ir, ■
It is now estimated that there are not even I
mg 20,000 bales of Cotton remaining in flitl
teiior, to bo brought to this market. The it- b
ral improvement in price bro't it forward nr*. *
earlier than usual, and this fact led inr Sr
nab friends into a great error in tlioi, ostiao
of the crop.
Our quotations below, correspond will,
sales ol tho week :
Prices Current.
MVERI’UOL. AUGLVtA.'
Ordinary sd. Inferior 'd
Middling s]d. Common 0|
Fair 5.'.d. Fair O',
Good fair s;jd. a (id. Good Ij
Good and lino, G.'.d. a”d PriinoAchoice 101 s'
Freights —to Charleston, ipT per Lalc-r
Savannah, 00 cents.
Exchange.— Bills on Baltimore, Piilladel(li; 5
Nevv-Yprk, Providence, and Boston, at I’ll dio ’
sight, I per cent, discount—at sight, on the san<-
cilies, 2 per cent, premium.—United trials
Bank Notes, 2 per cent, premium.
fuh Tin: vrocsi'A eunosicte.
Mr. En'Uur ;—Wo saw with pleasure, among't
other distinguished names, that of Col. James C.
Terrell, nfFiankliu, announced in yon - pa ;tr
sometime in January, ns a fit candidate for Cm
gross at the ensuing election in October next
Col. Tkurei.i, was horn and raised amongst tit.
therefore we know him. Yea, more; wo knew
James and llkzekiaii Terrell — tho former, the
grand father,,the latter, (he immediate ancestor
of the Col.— James Terrell, Esq. was a devot
ed soldier of the revolution—hoaiug in that me
morable struggle tho honorable and responsible
post of Captain— and has frequently served a
tlie Councils of the State, as a irienilnr of the
Legislature, and lias held many highly important
and responsible county ofliccs. HezekiakTer
rell, than whom tho sun never shone upon *
nobler hearted soul, or ono more constant ani
honorable in bis friendship—was a gentleman
far above mediocrity in the gradoofhis intellect.
One whose humour, wit, and repartee has sc
often amused and instructed some of us as W
rivet our affection to his memory with tenfold
tenacity. lie held for many years —and indeed
as long as his health would permit him to attend
to their dulios—various county ofliccs, which he
filled with honor to himself, and usefulness lu
the people; and was believed, iu his best days
to have been the most popular Individual in bis
county. We speak of these things for the infer
mation of our brethren in the interior and lower
country, who may not have had the pleasure r-t
an acquaintance with the Messrs. Terrells, n*
their lifetime—knowing at tire same time, tlm
unJer our free and happy institutions, "each tub
stands upon its own bottom.” This we are hap
py to say Col. T. can do, with all with whom U’
is acquainted. It should, however, add to his
claims, to have descended from a noble ancestry,
we mean in the republican sense, noble lor d '
interested patriotism, and efficient services.